Muttikannan @ Kannan vs The State Of Kerala on 9 December, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7158 of 2009()


1. MUTTIKANNAN @ KANNAN
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SMT.T.SUDHAMANI

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :09/12/2009

 O R D E R
                       K.T. SANKARAN, J.
                    ---------------------------
                     B.A. No. 7158 of 2009
                ------------------------------------
             Dated this the 9th day of December, 2009

                            O R D E R

This is an application for bail under Section 439 of the

Code of Criminal Procedure. The petitioner is the accused in

O.R.No.72/2007 of Hosdurg Excise Range.

2. The offence alleged against the petitioner is under

Section 55(a) of the Abkari Act.

3. The prosecution case is that on 6/11/2007, the

petitioner was found transporting 10 litres of arrack. The

petitioner could not be arrested as he ran away from the spot.

After completing the investigation, charge was laid in the case.

The case is now pending as C.P. No.100/2009 on the file of the

court of Judicial Magistrate of the First Class-II, Hosdurg. In

execution of the non-bailable warrant issued by the court, the

petitioner was arrested on 23/11/2009 and he was remanded to

judicial custody.

4. The learned counsel for the petitioner submitted that

the petitioner is not involved in any other offence of similar

nature.

B.A. No. 7158 /2009
2

5. Taking into account the facts and circumstances of the

case, the duration of the judicial custody undergone by the

petitioner and the nature of the offence, I am of the view that

bail can be granted to the petitioner.

6. The petitioner shall be released on bail on his executing

bond for Rs.25,000/- with two solvent sureties each for the like

amount to the satisfaction of the Judicial Magistrate of the First

Class-II, Hosdurg subject to the following conditions:-

A) The petitioner shall not try to influence the
prosecution witnesses or tamper with the
evidence.

B) The petitioner shall not commit any offence
or indulge in any prejudicial activity while
on bail.

C) In case of breach of any of the conditions
mentioned above, the bail shall be liable
to be cancelled.

The Bail Application is allowed as above.

K.T. SANKARAN, JUDGE

scm